EZRCP · New Mexico · Part 1 - District Court Rules · Form 4-104 NMRA

Form 4-104 NMRA. — Notice of recusal.

New Mexico · Part 1 - District Court Rules

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Rule text

[For use with Magistrate Court Rule 2-106 NMRA and Metropolitan Court Rule 3-106 NMRA]

STATE OF NEW MEXICO COUNTY OF ____________________ IN THE _________________________ COURT ___________________________, Plaintiff,

v. No. __________

___________________________, Defendant.

NOTICE OF RECUSAL

The Honorable ________________________ has recused [himself] [herself] from presiding over the above-captioned case.

You will be notified when another judge is designated according to law.

Dated this __________ day of ______________, __________.

__________________________________ Clerk

[Approved, effective October 1, 1987; as amended, effective November 1, 1995; May 1, 2002; as amended by Supreme Court Order No. 10-8300-016, effective May 14, 2010.]

Notes

ANNOTATIONS

The 2010 amendment, approved by Supreme Court Order No. 10-8300-016, effective May 14, 2010, deleted the former style of the case and added the current style of the case; after the title of the form, deleted the former language of the form which gave notice that the judge has been recused from presiding in the case and that if within ten days the parties do not file a stipulation agreeing to another judge to hear the case, another judge will be assigned to hear the case; and added the current language of the form.

The 2002 amendment, effective May 1, 2002, deleted the judicial division designation line and added the Use Note.

The 1995 amendment, effective November 1, 1995, substituted "You are notified that I have recused myself" for "The undersigned hereby notifies the parties that he is recusing himself", "ten (10) days" for "five (5) days", "file with the court a stipulation agreeing to" for "agree upon", and "another judge will be assigned to hear the case" for "the clerk will request the district court to assign".